@ell1e @traecer Strictly speaking, it’s not talking about that: “Fair use” is not a legal concept within that court’s jurisdiction.
EU law allows to ignore any and all copyright for “data mining”, and OpenAI tried to argue that since their business is data mining, they never have to care about copyright to begin with. This particular ruling simply says that if your product reproduces lyrics of an entire song, that isn’t just data mining, it is in fact copying.
So what the court says is: Under current EU law, you’re allowed to copy as much data as you want for *training* your LLM, but that doesn’t mean you’re also allowed to actually provide LLM as a service to the public. (IANAL)
Note that this particular ruling is not legal precedent and it’s already being appealed.